Explain how Malad structure was razed without due process, says HC
MUMBAI, May 12 -- The Bombay High Court has rapped the Brihanmumbai Municipal Corporation (BMC) for demolishing a building in Malad West in an "extremely high-handed manner", without following the due process outlined in its own circular. The court on May 7 sought an explanation from the BMC about the "shocking" breach, and warned that it would direct restoration of the demolished premises and penalty for concerned officers if the explanation was found unsatisfactory.
"Corporation cannot take law into its own hands, deny the principles of natural justice, deny complying with guidelines issued in its own circular and then not be answerable to anybody. Corporation is answerable to this court," the single judge bench of justice Milind Jadhav said, directing the civic body to disclose the reasons for not following the due process, along with the name of the concerned officer.
The observations came in response to a plea filed by Malad resident Ashok Kule, who challenged the demolition of a building with 15 rooms in Valnai village, near Mitchchowki metro station in Malad West.
According to the plea, on January 23 this year, the BMC issued a statutory notice claiming the structure was unauthorised. Kule responded to the notice on January 27, seeking more time as he was away at his native place due to a bereavement in the family. But on January 31, the designated officer, "without even waiting for the prescribed period and following the due process of law" passed a speaking order, holding that the entire structure was unauthorised as no plan sanctioned by the corporation was produced before him.
While Kule was directed to remove the unauthorised structure immediately, on February 6, the corporation proceeded with demolishing the structure without granting him a personal hearing, the plea said.
Kule's counsel, advocate Janay Jain, argued that though the building in question was more than five decades old and a censused structure, the speaking order was passed without considering the material documentary evidence, including census certificates and non-agricultural assessment; the order was executed immediately, in an "extremely high handed, arbitrary and capricious manner", the lawyer said.
The court noted the timeline of the case and said that it prima facie proved that the BMC had acted in an "extremely high-handed manner". It referred to a circular issued by the civic body in April 2025 delineating guidelines regarding unauthorised constructions, which said that no demolition should be carried out without prior show cause notice made returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of serving such notice, whichever is later. The BMC had not followed its own circular and the officer who had ordered the demolition was "personally responsible for such action", the court said.
The single judge bench ruled that when such guidelines are flouted, it becomes incumbent upon the corporation, which is a planning authority, to give appropriate explanations to the court. "The only message required to be conveyed to the corporation, which is a special planning authority, is that it should not take law into its hands," the bench said....
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